[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR10.8]



[Page 232-234]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 10_NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION REGULATIONS

--Table of Contents

 

Subpart C_Human Remains, Funerary Objects, Sacred Objects, or Objects of 

          Cultural Patrimony in Museums and Federal Collections

 

Sec.  10.8  Summaries.





    (a) General. This section carries out section 6 of the Act. Under 

section 6 of the Act, each museum or Federal agency that has possession 

or control over collections which may contain unassociated funerary 

objects, sacred objects, or objects of cultural patrimony must complete 

a summary of these collections based upon available information held by 

the museum or Federal agency. The purpose of the summary is to provide 

information about the collections to lineal descendants and culturally 

affiliated Indian tribes or Native Hawaiian organizations that may wish 

to request repatriation of such objects. The summary serves in lieu of 

an object-by-object inventory of these collections, although, if an 

inventory is available, it may be substituted. Federal agencies are 

responsible for ensuring that these requirements are met for all 

collections from their lands or generated by their actions whether the 

collections are held by the Federal agency or by a non-Federal 

institution.

    (b) Contents of summaries. For each collection or portion of a 

collection, the summary must include: an estimate of the number of 

objects in the collection or portion of the collection; a description of 

the kinds of objects included; reference to the means, date(s), and 

location(s) in which the collection or portion of the collection was 

acquired, where readily ascertainable; and information relevant to 

identifying lineal descendants, if available, and cultural affiliation.

    (c) Completion. Summaries must be completed not later than November 

16, 1993.



[[Page 233]]



    (d) Consultation. (1) Consulting parties. Museum and Federal agency 

officials must consult with Indian tribe officials and traditional 

religious leaders:

    (i) From whose tribal lands unassociated funerary objects, sacred 

objects, or objects of cultural patrimony originated;

    (ii) That are, or are likely to be, culturally affiliated with 

unassociated funerary objects, sacred objects, or objects of cultural 

patrimony; and

    (iii) From whose aboriginal lands unassociated funerary objects, 

sacred objects, or objects of cultural patrimony originated.

    (2) Initiation of consultation. Museum and Federal agency officials 

must begin summary consultation no later than the completion of the 

summary process. Consultation may be initiated with a letter, but should 

be followed up by telephone or face-to-face dialogue with the 

appropriate Indian tribe official.

    (3) Provision of information. During summary consultation, museum 

and Federal agency officials must provide copies of the summary to 

lineal descendants, when known, and to officials and traditional 

religious leaders representing Indian tribes or Native Hawaiian 

organizations that are, or are likely to be, culturally affiliated with 

the cultural items. A copy of the summary must also be provided to the 

Manager, National NAGPRA Program. Upon request by lineal descendants or 

Indian tribe officials, museum and Federal agency officials must provide 

lineal descendants, Indian tribe officials and traditional religious 

leaders with access to records, catalogues, relevant studies, or other 

pertinent data for the limited purposes of determining the geographic 

origin, cultural affiliation, and basic facts surrounding acquisition 

and accession of objects covered by the summary. Access to this 

information may be requested at any time and must be provided in a 

reasonable manner to be agreed upon by all parties. The Review committee 

also must be provided access to such materials.

    (4) Requests for information. During the summary consultation, 

museum and Federal agency officials must request, as appropriate, the 

following information from Indian tribes and Native Hawaiian 

organizations that are, or are likely to be, culturally affiliated with 

their collections:

    (i) Name and address of the Indian tribe official to act as 

representative in consultations related to particular objects;

    (ii) Recommendations on how the consultation process should be 

conducted, including:

    (A) Names and appropriate methods to contact any lineal descendants, 

if known, of individuals whose unassociated funerary objects or sacred 

objects are included in the summary;

    (B) Names and appropriate methods to contact any traditional 

religious leaders that the Indian tribe or Native Hawaiian organization 

thinks should be consulted regarding the collections; and

    (iii) Kinds of cultural items that the Indian tribe or Native 

Hawaiian organization considers to be funerary objects, sacred objects, 

or objects of cultural patrimony.

    (e) Museum and Federal agency officials must document the following 

information regarding unassociated funerary objects, sacred objects, and 

objects of cultural patrimony in their collections and must use this 

documentation in determining the individuals, Indian tribes, and Native 

Hawaiian organizations with which they are affiliated:

    (1) Accession and catalogue entries;

    (2) Information related to the acquisition of unassociated funerary 

object, sacred object, or object of cultural patrimony, including:

    (i) The name of the person or organization from whom the object was 

obtained, if known;

    (ii) The date of acquisition;

    (iii) The place each object was acquired, i.e., name or number of 

site, county, State, and Federal agency administrative unit, if 

applicable; and

    (iv) The means of acquisition, i.e., gift, purchase, or excavation;

    (3) A description of each unassociated funerary object, sacred 

object, or object of cultural patrimony, including dimensions, 

materials, and photographic documentation, if appropriate, and the 

antiquity of such objects, if known;



[[Page 234]]



    (4) A summary of the evidence used to determine the cultural 

affiliation of the unassociated funerary objects, sacred objects, or 

objects of cultural patrimony pursuant to Sec.  10.14 of these 

regulations.

    (f) Notification. Repatriation of unassociated funerary objects, 

sacred objects, or objects of cultural patrimony to lineal descendants, 

culturally affiliated Indian tribes, or Native Hawaiian organizations as 

determined pursuant to Sec.  10.10 (a), must not proceed prior to 

submission of a notice of intent to repatriate to the Manager, National 

NAGPRA Program, and publication of the notice of intent to repatriate in 

the Federal Register. The notice of intent to repatriate must describe 

the unassociated funerary objects, sacred objects, or objects of 

cultural patrimony being claimed in sufficient detail so as to enable 

other individuals, Indian tribes or Native Hawaiian organizations to 

determine their interest in the claimed objects. It must include 

information that identifies each claimed unassociated funerary object, 

sacred object, or object of cultural patrimony and the circumstances 

surrounding its acquisition, and describes the objects that are clearly 

identifiable as to cultural affiliation. It must also describe the 

objects that are not clearly identifiable as being culturally affiliated 

with a particular Indian tribe or Native Hawaiian organization, but 

which, given the totality of circumstances surrounding acquisition of 

the objects, are likely to be culturally affiliated with a particular 

Indian tribe or Native Hawaiian organization. The Manager, National 

NAGPRA Program must publish the notice of intent to repatriate in the 

Federal Register. Repatriation may not occur until at least thirty (30) 

days after publication of the notice of intent to repatriate in the 

Federal Register.



[60 FR 62158, Dec. 4, 1995, as amended at 62 FR 41293, Aug. 1, 1997; 71 

FR 16501, Apr. 3, 2006]